Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 1333 of 2019 Petitioner :- Pradeep Saxsena And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saurabh Tripathi,Usha Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Saurabh Tripathi, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 31.08.2018 in respect of Crime No. 402 of 2018 for the offence under Sections 498-A, 323, 504, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Sindhauli, District Shahjahanpur.
Learned counsel for the petitioners submits that marriage of petitioner no. 1, Pradeep Saxsena was solemnized with the daughter of complainant, namely, Priyanka on 23.06.2018, however, Priyanka lived with her husband only for four days and thereafter had left his house by saying that unless petitioner no. 1 decides to live in the town, she will not return back. It has been argued that entire family including married sisters of petitioner no. 1 have been falsely implicated in the present case for no fault of their.
Learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 22.1.2019 AKK/Anand